State Legislation to Limit Mandatory Overtime
Nine states have already enacted legislation restricting mandatory overtime for nurses and other caregivers:
California. Regulations adopted prior to 2001 prohibit employees scheduled to work a 12 hour shift from working more than 12 hours in a 24 hour period except in cases of emergency.
Connecticut. Passed in May 2004, CT's mandatory overtime bill regulates the number of overtime hours a hospital nurse may work. Although a nurse may volunteer for additional hours, she/he cannot be penalized for refusing additional hours.
State Senator Melodie Peters, who introduced the bill and led her Senate colleagues to pass it unanimously, said, "The incidence of forced overtime in our state's healthcare facilities has reached epidemic proportions. ... The most important aspect of this bill is that overtime now becomes strictly voluntary, and that refusal of overtime hours cannot be used against the employee in any way, shape, or form."
Maine. New legislation provides explicit job protection to nurses who refuse to work more than 12 consecutive hours excluding emergency cases that would affect patient care.
Minnesota. Lawmakers passed SF 2463, which limits the amount of overtime nurses can be required to work and prevents hospitals and clinics from discriminating against or dismissing nurses who turn down overtime. RNs and LPNs are not obligated to work an extra shift beyond a 12-hour workday except in emergency situations.
New Jersey. The state legislature passed S 2093 prohibiting health care facilities from mandating employees to work more than 8 hours a day or 40 hours a week, barring unexpected emergency situations. Overtime can be worked on a voluntary basis and employees are strictly protected from discrimination or dismissal for refusing overtime work.
Oregon. A bipartisan bill was passed ensuring that nurses cannot be required to work more than two hours of overtime beyond a scheduled shift or more than 16 hours in a 24-hour period.
Washington. Legislation passed in 2002 prohibits health care facilities from requiring employees to perform overtime work except during declared emergencies. The bill also protects employees who refuse overtime work against disciplinary actions or dismissal. See how the legislation is being implemented.
West Virginia. Beginning May 17, 2004, nurses who work more than 12 hours must be allowed at least 8 hours off. Surrounded by dozens of nurses, West Virginia Governor Bob Wise said the law would improve patient safety and prevent medical mistakes by nurses exhausted by long hours.
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